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2021 Supreme(HP) 624

VIVEK SINGH THAKUR
Raj Kumar Pathania, S/o. Sh. Milap Chand Pathania – Appellant
Versus
State of Himachal Pradesh Through Principal Secretary Education to the Government of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Sh. Parveen Chandel, Ms. Shalini Thakur.
For the Respondent:Sh. Dinesh Thakur, Additional Advocate General.

JUDGMENT :

Petitioner has approached this Court seeking direction to re-engage him through Parent Teacher Association (for short ‘PTA’) with benefit of Grant in Aid Rules (for short ‘GIA Rules’) as Lecturer/PGT Commerce in Government Senior Secondary School, Sulah after quashing the order dated 23.9.2015 (Annexure P-13), whereby the case of the petitioner for his re-engagement has been rejected by Director Higher Education.

2. Undisputed and admitted facts in present case are as under:-

(A) Government of Himachal Pradesh has framed and implemented Grant-in-Aid Rules w.e.f. 29.6.2006, dealing with appointment of Teachers by Parents Teacher Associations, referred as PTA Teachers and providing Grant-in-Aid (GIA) to such appointees subject to certain conditions contained in “GIA Rules”.

(B) In the year 2006 there was one post of Lecturer/PGT Commerce in Government Senior Secondary School Sullah, District Kangra, which was occupied by contract/regular teacher. The said post was created on 5th May, 1999. Keeping in view necessity, for workload on teachers based on strength of students, PTA of the aforesaid school had engaged petitioner as PTA Lecturer/PGT Commerce on 31.8.2006 and the petiti

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